Merchants' & Manufacturers' Bank v. Busby

Appellant is the holder of certain promissory notes executed by D. B. Fox, deceased. There was an attempt to probate these notes against the estate of the decedent, but the probate was ineffective for the reasons set forth in Merchants’ & Manufacturers’ Bank v. Fox, 165 Miss. 833, 147 So. 789. Thereafter, and in the case now before us, the bank sued the clerk and the surety on his official bond upon allegations that it was by the fault of clerk that the probate was ineffective and that the claim was lost as against the estate. We quote that part of the bill which contains the allegations…